Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992, which penalised Muslim males posing as women, was inconsistant with the federal constitution, ruled Justice Mohd Hishamudin Mohd Yunus.
As such, the court declared Section 66 as void.
Supporters of the transgenders were overjoyed and applauded the decision.
Muhamad Juzaili Mohamad Khamis, 26, Syukor Jani, 28, and Wan Fairol Wan Ismail, 30, had on Feb 2, 2011 challenged the constitutionality of Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992.
Under Section 66, they can be sentenced to a maximum of six months’ jail and fined up to RM1,000 by the Syariah Court.
They named the Negri Sembilan state government, the state’s Islamic Affairs department and director, the syariah enforcement chief and prosecution chief as respondents.
They also sought a court order to prohibit their arrest and prosecution.
The Seremban High Court, which dismissed the application by the three, had ruled that their rights were to be disregarded as they were born male and being Muslim, must follow the law as religious teaching.
The three-member bench also comprised Justice Aziah Ali and Justice Lim Yee Lan.
Full story: http://www.malaysiakini.com/news/279778
